What is the test for a motion to dismiss a charge of excessive corporal punishment brought by a woman who has no criminal record?

The court acknowledges that the evidence in the instant matter points to what was likely an incident of excessive corporal punishment. Whether the defendant possessed the specific intent to meet the elements of the offenses charged, however, would be the province of the factfinder at a trial. Ultimately, while a court may take into account the weight of the evidence when evaluating a motion to dismiss in the interest of justice, the remedy of dismissal is available even in cases where evidence of guilt is abundant ( People v. Hirsch , 85 A.D.2d 902, 447 N.Y.S.2d 80 [4th Dept. 1981] ).

The instant case represents the defendant's first contact with the criminal justice system. According to the defendant's papers, she is employed full time as a home health aide and is able to fully financially support her children. The ACS Progress Notes reveal no history of substance abuse or domestic violence, and the children appear well cared-for and healthy. However, as the People point out, the fact that the defendant has no criminal record "does not immunize [her] from the normal processes of the criminal law" ( People v. Varela , 106 A.D.2d 339, 340, 483 N.Y.S.2d 13 [1st Dept. 1984] ; see also People v. Andrew , 78 A.D.2d 683, 432 N.Y.S.2d 252 [2d Dept. 1980] ).